论预设在侦查讯问中的应用
发布时间：2018-12-24 13:55
【摘要】： 现在,犯罪更为复杂隐蔽,侦查技术又不甚发达,所以侦查人员不太容易在讯问前查清楚所有犯罪事实并搜集到所有犯罪证据。犯罪事实情况只有犯罪嫌疑人自己知道,侦查人员只是在通过侦查手段来再现犯罪嫌疑人过去实施的活动的情况。而犯罪嫌疑人往往抱侥幸心理,希望可以逃避刑罚,所以易于隐藏犯罪事实,对抗讯问。讯问过程往往不那么顺利。证据掌握的不够充分,时间紧,难度大,数量多,侦查人员必须寻找一些讯问技巧,才能提高办案效率。 讯问的主要任务是搜集证据和查明犯罪事实。这就要求讯问语言要简练,隐蔽,并富有策略。预设是语用学的研究课题,但是它可以用于侦查讯问中,使讯问语言简练,隐蔽,而富有策略性。 把预设理论应用于侦查讯问中,既是必要的,也是可能的。 本文旨在探究讯问者如何通过预设在刑事侦查讯问中获取有利信息。在预设理论的基础上,作者试图分析如何将预设运用在侦查讯问中。 第一章重点介绍了本文的研究问题,国内法律语言学和国外法律语言学研究现状,以及本文的结构安排。 第二章回顾了预设的相关理论,从而为如何通过预设在刑事侦查讯问中获取有利信息提供理论支持。包括预设的定义,研究预设的方法,预设的特征,预设的分类和预设触发语。 第三章讨论了刑事侦查,侦查讯问的概念,任务和法律要求,以及讯问语言的特征。然后作者分析了预设理论在侦查讯问中应用的必要性和可能性。 第四章从两个层面分析了预设理论在侦查讯问中的应用,并指出了预设理论在侦查讯问中的功能和可能存在的风险。 第五章对本文做了总结,提出本研究对语言学和司法实践的意义,本研究的局限性,并对今后的研究提出了一些建议。
[Abstract]:Nowadays, the crime is more complicated and hidden, and the investigation technique is not very developed, so it is not easy for the investigators to find out all the facts of the crime and collect all the evidence of the crime before questioning. The fact of the crime is only known to the suspect himself, and the investigators are only trying to reproduce the past activities of the suspect by means of investigative techniques. Criminal suspects often take chances and hope to escape punishment, so they are apt to hide the facts of crime and confront interrogation. The interrogation process is often not so smooth. The evidence is not enough, time is tight, difficulty is big, quantity is much, investigators must look for some interrogation skills to improve the efficiency of handling cases. The main task of interrogation is to collect evidence and find out the facts of the crime. This requires the interrogation language to be concise, covert, and resourceful. Presupposition is the research subject of pragmatics, but it can be used in the investigation and interrogation, making the interrogation language concise, covert and strategic. It is necessary and possible to apply presupposition theory to investigation and interrogation. The purpose of this paper is to explore how interrogators obtain favorable information in criminal investigation interrogation by presupposition. On the basis of presupposition theory, the author tries to analyze how to apply presupposition in investigation and interrogation. The first chapter focuses on the research of this paper, the domestic and foreign forensic linguistics research status, as well as the structure of this paper. The second chapter reviews the presupposition related theories and provides theoretical support for obtaining favorable information in criminal investigation interrogation by presupposition. It includes presupposition definition, presupposition method, presupposition feature, presupposition classification and presupposition trigger. The third chapter discusses the concepts, tasks and legal requirements of criminal investigation and interrogation, as well as the characteristics of interrogation language. Then the author analyzes the necessity and possibility of the application of presupposition theory in investigation and interrogation. Chapter four analyzes the application of presupposition theory in investigation interrogation from two aspects, and points out the function of presupposition theory in investigation interrogation and the possible risks. The fifth chapter summarizes this paper, points out the significance of this study to linguistic and judicial practice, the limitations of this study, and puts forward some suggestions for future research.
【学位授予单位】：西南政法大学
【学位级别】：硕士
【学位授予年份】：2010
【分类号】：D918
本文编号：2390711
[Abstract]:Nowadays, the crime is more complicated and hidden, and the investigation technique is not very developed, so it is not easy for the investigators to find out all the facts of the crime and collect all the evidence of the crime before questioning. The fact of the crime is only known to the suspect himself, and the investigators are only trying to reproduce the past activities of the suspect by means of investigative techniques. Criminal suspects often take chances and hope to escape punishment, so they are apt to hide the facts of crime and confront interrogation. The interrogation process is often not so smooth. The evidence is not enough, time is tight, difficulty is big, quantity is much, investigators must look for some interrogation skills to improve the efficiency of handling cases. The main task of interrogation is to collect evidence and find out the facts of the crime. This requires the interrogation language to be concise, covert, and resourceful. Presupposition is the research subject of pragmatics, but it can be used in the investigation and interrogation, making the interrogation language concise, covert and strategic. It is necessary and possible to apply presupposition theory to investigation and interrogation. The purpose of this paper is to explore how interrogators obtain favorable information in criminal investigation interrogation by presupposition. On the basis of presupposition theory, the author tries to analyze how to apply presupposition in investigation and interrogation. The first chapter focuses on the research of this paper, the domestic and foreign forensic linguistics research status, as well as the structure of this paper. The second chapter reviews the presupposition related theories and provides theoretical support for obtaining favorable information in criminal investigation interrogation by presupposition. It includes presupposition definition, presupposition method, presupposition feature, presupposition classification and presupposition trigger. The third chapter discusses the concepts, tasks and legal requirements of criminal investigation and interrogation, as well as the characteristics of interrogation language. Then the author analyzes the necessity and possibility of the application of presupposition theory in investigation and interrogation. Chapter four analyzes the application of presupposition theory in investigation interrogation from two aspects, and points out the function of presupposition theory in investigation interrogation and the possible risks. The fifth chapter summarizes this paper, points out the significance of this study to linguistic and judicial practice, the limitations of this study, and puts forward some suggestions for future research.
【学位授予单位】：西南政法大学
【学位级别】：硕士
【学位授予年份】：2010
【分类号】：D918
【引证文献】
相关期刊论文 前1条
1 张美萍;;身体语言在侦查讯问中的运用[J];湖北警官学院学报;2013年02期
，本文编号：2390711
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